Given the circumstances I think they were very kind. If he'd not had a suspciously-spaced plate he might have been looking at totting-up ban.Ah that explains it and I forgot the fine for dodgy plates went up recently to £60 from £30. As did the one for not wearing a seatbelt, so my earlier post would be incorrect too
Its £60 and 3 or 6 points for an endorsable fixed penalty
£30 or £60 for a non endorsable fixed penalty
Both depending on type of offence committed.
Advice on being caught speeding at 116 MPH
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damian9128
Active Member
Boss,
It is important to remember that there are no hard and fast rules to disqualifying drivers guilty of speeding offences. Your circumstances will be taken into account.
Admittedly, the court will be inclined to issue a ban and a BIG fine based upon the sheer velocity at which you were travelling. It is very rare that anyone caught doing this speed will not be disqualified.
HOWEVER: You will be given an opportunity to plead mitigating circumstances (i.e. an opportunity to attempt to represent the offence as being less serious by giving details of specific circumstances).
Circumstances ass compelling as yours will certainly be given great weight by the court. Consider admitting the offence and pleading any relevant points as follows in mitigation:
-Weather and road conditions:
1. The road was clear of other traffic given the time and that the road ahead was unobstructed.
2. Argue that you do not feel that your actions were particularly dangerous given that the weather was good if this was the case.
3. Argue that on the section of motorway on which you were caught there were no bends to negotiate and that this assisted in giving you a clear unobstructed view.
4. Argue that the road was well lit.
5. As it was quiet at 1am the only danger your increased speed posed was to yourself.
6. Use your imagination, argue every conceivable point you can think of as to how the environment in which you were travelling contributed to your high speed driving being safer.
- Vehicle
7. Argue that your vehicle was in a good state of repair, serviced regularly, had good tyres etc.
8. Argue that your Mercedes was designed to be driven safely at such speeds in a country where there is no national speed limit in place
9. Produce any receipts etc to show your vehicle was better maintained that most.
Driving ability:
10. If relevant, argue that you have a lot of years driving experence. Firstly as
11. If you have any motorsport experience argue that you are use to driving at such speeds and have the necessary ability and experience to handle the vehicle accordingly.
12. Consider arguing that you drive many motorway miles per year.
13. Consider arguing that you are very familiar with the particular stretch of road and use it often.
Lack of previous convictions
14. Argue you have no previous convictions
15. Argue that you are law abiding and are an upstanding member of the community and that under usual circumstances you would never consider driving at such speeds.
Disproportionate effects a disqualification would have on you/your family:
16. This is a good argument, particularly if you need your vehicle for work, to take other to work or to take children to school. Argue that there is no other viable alternative.
Specific circumstances
17. Argue that you only reached high speeds for a very short period of time, you were just unfortunate enough to be caught in the short period
18. Argue your family circumstances re the death etc.
Admittedly this is not my area of expertise so please don't take this as gospel, I specialise in civil litigation; however I do have a rough idea of the relevent law and approach the courts take.
I recommend that you take immediate legal advise regarding this. I noticed above that Camerafodder recommended Nick Freeman - he is well known and has a very good reputation, however don't be afraid to shop around.
I hope this helps and good luck!
Regards,
Damian
EDIT: Sorry, I meant to say if there's anything else I can help you with regarding this please feel free to drop me an e-mail: [email protected] (the police-state like mbclub rules won't let me use pm until I have 30 posts!!) - I'm no expert but I'll try my best to help.
It is important to remember that there are no hard and fast rules to disqualifying drivers guilty of speeding offences. Your circumstances will be taken into account.
Admittedly, the court will be inclined to issue a ban and a BIG fine based upon the sheer velocity at which you were travelling. It is very rare that anyone caught doing this speed will not be disqualified.
HOWEVER: You will be given an opportunity to plead mitigating circumstances (i.e. an opportunity to attempt to represent the offence as being less serious by giving details of specific circumstances).
Circumstances ass compelling as yours will certainly be given great weight by the court. Consider admitting the offence and pleading any relevant points as follows in mitigation:
-Weather and road conditions:
1. The road was clear of other traffic given the time and that the road ahead was unobstructed.
2. Argue that you do not feel that your actions were particularly dangerous given that the weather was good if this was the case.
3. Argue that on the section of motorway on which you were caught there were no bends to negotiate and that this assisted in giving you a clear unobstructed view.
4. Argue that the road was well lit.
5. As it was quiet at 1am the only danger your increased speed posed was to yourself.
6. Use your imagination, argue every conceivable point you can think of as to how the environment in which you were travelling contributed to your high speed driving being safer.
- Vehicle
7. Argue that your vehicle was in a good state of repair, serviced regularly, had good tyres etc.
8. Argue that your Mercedes was designed to be driven safely at such speeds in a country where there is no national speed limit in place
9. Produce any receipts etc to show your vehicle was better maintained that most.
Driving ability:
10. If relevant, argue that you have a lot of years driving experence. Firstly as
11. If you have any motorsport experience argue that you are use to driving at such speeds and have the necessary ability and experience to handle the vehicle accordingly.
12. Consider arguing that you drive many motorway miles per year.
13. Consider arguing that you are very familiar with the particular stretch of road and use it often.
Lack of previous convictions
14. Argue you have no previous convictions
15. Argue that you are law abiding and are an upstanding member of the community and that under usual circumstances you would never consider driving at such speeds.
Disproportionate effects a disqualification would have on you/your family:
16. This is a good argument, particularly if you need your vehicle for work, to take other to work or to take children to school. Argue that there is no other viable alternative.
Specific circumstances
17. Argue that you only reached high speeds for a very short period of time, you were just unfortunate enough to be caught in the short period
18. Argue your family circumstances re the death etc.
Admittedly this is not my area of expertise so please don't take this as gospel, I specialise in civil litigation; however I do have a rough idea of the relevent law and approach the courts take.
I recommend that you take immediate legal advise regarding this. I noticed above that Camerafodder recommended Nick Freeman - he is well known and has a very good reputation, however don't be afraid to shop around.
I hope this helps and good luck!
Regards,
Damian
EDIT: Sorry, I meant to say if there's anything else I can help you with regarding this please feel free to drop me an e-mail: [email protected] (the police-state like mbclub rules won't let me use pm until I have 30 posts!!) - I'm no expert but I'll try my best to help.
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damian9128
Active Member
G.O'Rilla
Active Member
Damian,
I see where you are coming from but it occurred to me that perhaps a magistrate who had to sit through the long list (of everything that he/she will have no doubt heard before) would be slightly less sympathetic - same as getting the hotshot lawyer from out of town. A plea of mitigation would have to be carefully balanced and delivered, else it will sound like a trawl through the observers book of excuses....
Just a thought.
I see where you are coming from but it occurred to me that perhaps a magistrate who had to sit through the long list (of everything that he/she will have no doubt heard before) would be slightly less sympathetic - same as getting the hotshot lawyer from out of town. A plea of mitigation would have to be carefully balanced and delivered, else it will sound like a trawl through the observers book of excuses....
Just a thought.
Beetnik
Active Member
Yes, 20 years ago I got pulled for speeding and got a summons to Wetherby Magistrates. My pal is a solicitor and told me to write in and plead guilty. The going rate was £30 plus points at the time.
He rang me up on the day of the case to tell me he'd been in court for the previous case so stayed and pleaded my case. Told them how I was dashing home to my pregnant wife who was not well and relied on me etc. etc.
I got double the going rate, £60, at which point he asked for time to pay. They gave me a week.
comports
Active Member
Better late than never..1
I was stopped a few years ago. 116 on the M11, I pleaded guilty with some mitigating circs BUT.... I got it all wrong and turned up to court a day early with my father who took a day off work to take me. He couldn't have the next day off so asked the clerk if we could be heard today instead.
Fortunately the first case's defence hadn't turned up yet so I was heard first and got 6 weeks ban and £100 fine. It was a totting as I already had 11 points.. so I got off lightly...
moral is... go a day early...!
I was stopped a few years ago. 116 on the M11, I pleaded guilty with some mitigating circs BUT.... I got it all wrong and turned up to court a day early with my father who took a day off work to take me. He couldn't have the next day off so asked the clerk if we could be heard today instead.
Fortunately the first case's defence hadn't turned up yet so I was heard first and got 6 weeks ban and £100 fine. It was a totting as I already had 11 points.. so I got off lightly...
moral is... go a day early...!
SilverSaloon
MB Enthusiast
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- 1994 W124 E300D Estate, 1985 R107 280SL
Damian said:
i think that would just annoy the magistrate. At the end of the day if you claim "my car is well up to high speeds", "my car is maintained well" etc etc, it indicates this is probably not the first time you've driven at these speeds
claiming that the only danger you posed was to yourself is a bit arrigant TBH; if you had a blow out at 116 mph i doubt you could safely say you'd stay on your own side of the carrageway - you dont know who is coming up behind you (even though they would also too be speeding), or coming the other way, and much slower vehicles ahead wouldnt be too far away at these speeds........
Deepest condolances to the Boss for his loss in the family though, and i fear it may be time to hold my hands up, and hope the magistrate is in a good mood.
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st4
Banned
i think that would just annoy the magistrate. At the end of the day if you claim "my car is well up to high speeds", "my car is maintained well" etc etc, it indicates this is probably not the first time you've driven at these speeds
True, but make up some tosh like you do it regularly in Germany, track days-gives the impression of an experienced driver more capable and experienced of handling a car at high speed.
How would you deal with a blow out at 70mph and would the car stay on the right side of the road/carriageway at the speed either. Probably more a case of roll of the dice than anything else. One speed is legal, the other isnt but the result of a blow out is the same.
You'd argue, hopefully successfully that you could see at least 1/2 mile ahead and about the same behind and the road was very quiet and conditions favourable.
Ditto, but he is entitled to defend himself to the best of his ability, why take it on the chin if you can do something to make things better for you (he'll be punished, but why not try and get into a situation where you are punished more lientiently?)
scumbag
MB Enthusiast
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I want to know the outcome of this when it happens.
but in preparation for that event, I am guessing it will be a good old ticking off and some money to be paid.
and I hope I am wrong too.
but in preparation for that event, I am guessing it will be a good old ticking off and some money to be paid.
and I hope I am wrong too.
aziz
Active Member
i dont know much abut law but i dont think wud b helpful when u do over 100m wat can u save ??? anthr 5 ppl live ?? NO.... but thuink abut when ambulance have emrgncy attend and most of the time live saveing wat speed they do? .... BOOS u can say im not paramedic .....good luk
I don't know what the law is now, but my buddy was caught at 106mph and received a 28day ban and a hefty fine. This was a few years ago and the fine was in excess of £400. Funnilly enough, it was the same time the Duke of Kent was caught doing a similar speed who received only a 14 day ban, guess there was two scales of law back then
SilverSaloon
MB Enthusiast
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cn u not spk in txt spk pls? it makes it hard to read. Plenty of characters available here on the forum
Steve, i totally agree that The Boss should try and get the penalty down as much as he can, but i was suggesting that the excuses damien presented wouldnt help the situation
Baron_Samedi
MB Enthusiast
Hmmm, speeding, calculated risk... but didn't see the car trailing you for a few miles...
Pardon me , I'm not trying to be awkward , but I don't understand any of that post .
Could you repeat it in ENGLISH , please ?
Sp!ke
Administrator
andy_k
MB Enthusiast
excuses are all well and good but at the end of the day you are going to be at the mercy of the magistrate.
Don't insult his intelligence or annoy him with a list of reasons why you are different to every other person who has used the same excuses. Just make do with an apology and a lesson learned speech.
If you got caught by a police car that was folllowing you, I'd steer clear of any excuses telling them how experienced you are behind the wheel, how you think of yourself asa better than average driver or your spatial awareness etc - they may just ask you why you didn't look in the mirror
Don't insult his intelligence or annoy him with a list of reasons why you are different to every other person who has used the same excuses. Just make do with an apology and a lesson learned speech.
If you got caught by a police car that was folllowing you, I'd steer clear of any excuses telling them how experienced you are behind the wheel, how you think of yourself asa better than average driver or your spatial awareness etc - they may just ask you why you didn't look in the mirror
Hmmm, speeding, calculated risk... but didn't see the car trailing you for a few miles...
when this happened, i was at 116, but i saw the car, hence i indicated and pulled over just as they were coming off the ramp, infront of me, so thus i pulled over within seconds of their little slip road
